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socallegalwork
socallegalwork, Lawyer
Category: Real Estate Law
Satisfied Customers: 117
Experience:  Attorney and licensed real estate broker (and Certified Distressed Property Expert), specializing in real estate matters.
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I belong to a homeowners associations in Naples Florida. We

Customer Question

hello, I belong to a homeowners associations in Naples Florida. We have a declaration of covenants, conditions and restrictions. The Board has decided to ammend the voting procedure without taking a vote of the general membership. The laws state they need a 2/3 majority to change anything. They only took a vote of the neighborhood association heads. They now are going to use that system for voting on a multi-million dollar renovation in the community in which we all will be expected to pay a portion. I've have tried to talk to several members, but they are unwilling to change their position. How do I go about exposing this? What steps do I need to do to ensure the vote will be held correctly? Please help. Thanks.
Sharon Roszkowski
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  socallegalwork replied 8 months ago.

Hello. I believe I can assist you.

If the HOA is acting contrary to their own by-laws and refuse to cease these activities (even after writing to them and pointing out these improper actions) you can file in court for a preliminary injunction against the HOA preventing them from moving forward with the vote pending a court hearing where a judge can hear the merits of your position.

Before I file suit, I would specifically warn the board in writing of your intention to seek court intervention. Perhaps they will re-consider their position.

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